Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Analysis Prepared by the Department of Employee Trust Funds
Statute interpreted
Various statute sections in ch.
40
, Wis. Stats., regarding the Public Employee Trust Fund.
Statutory authority
Explanation of agency authority
By statute, the DETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40
of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute or rule
The various statute sections in ch.
40
, Wis. Stats., and the existing administrative rules promulgated by the Department of Employee Trust Funds are related to this technical rule.
Plain language analysis
The purpose of this rule is to revise existing administrative rules of the Department of Employee Trust Funds to reflect enactment of
2007 Wisconsin Act 131
, other changes made to ch.
40
, Wis. Stats., and current practices of the department.
Comparison with federal regulations
The only federal regulations that may be affected by this proposed rule are provisions of the Internal Revenue Code regulating qualified pension plans. The Wisconsin Retirement System is required to be maintained as a qualified plan by s.
40.015
, Stats.
Comparison with rules in adjacent states
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
Summary of factual data and analytical methodologies
The department is proposing this rule to update existing rules and create other rules in light of
2007 Wisconsin Act 131
, and in order to reflect current interpretations of existing statutes.
Analysis and supporting documents used to determine effect on small business
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Small Business Impact
There is no effect on small business.
Fiscal Estimate
The rule codifies current department practice. The rule will have no effect on state funds.
Agency Contact Person
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707. The email address is:
david.nispel@etf.state.wi.us
. The telephone number is: (608) 264-6936.
Notice of Hearing
Financial Institutions — Securities
NOTICE IS HEREBY GIVEN That pursuant to ss.
551.406 (5)
,
551.605 (1)
, and
227.11 (2)
, Stats., the Department of Financial Institutions, Division of Securities will hold a public hearing to consider a rule revising Chapters
DFI-Sec 1
to
5
,
7
, and
9
, relating to minor revisions to securities administrative code sections for conformity with Wisconsin securities statutes, filings, and securities agent examination matters.
Hearing Information
The hearing will be held:
September 21, 2009
Dept. of Financial Institutions
at 9:00 a.m.
345 W. Washington Avenue
5
th
Floor
Madison, Wisconsin
Copies of Proposed Rule, Submission of Written Comments, and Agency Contact Person
To obtain a copy of the proposed rule or fiscal estimate at no charge, to submit written comments regarding the proposed rule, or for questions regarding the agency's internal processing of the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705, e-mail
mark.schlei@wisconsin.gov
. A copy of the proposed rule may also be obtained and reviewed at the Department of Financial Institution's website,
www.wdfi.org
. Written comments must be received by the conclusion of the department's hearing regarding the proposed rule.
For substantive questions on the proposed rule, contact Randall Schumann, Attorney, Department of Financial Institutions, Division of Securities, P.O. Box 1768, Madison, WI 53701-1768, tel. (608) 266-3414, e-mail
randall.schumann@wisconsin.gov
.
Analysis Prepared by the Department of Financial Institutions, Division of Securities
Statute interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Pursuant to ch.
551
, Stats., the department regulates securities.
Summary of proposed rule
The purpose of the rule is as follows:
Section 1. These amendments are necessary to clarify that these apply to federally-covered advisors, their investment adviser representatives and state advisers, and also to correct cross references.
Section 2. This section can be repealed as duplicative to the definition in s. 551.102(11)(m), Stats.
Section 4. These sections can be repealed because of the language and scope of the merger/reorganization and employee benefit plan registration exemptions resulting from
2007 Wisconsin Act 196
.
Section 5. These amendments provide for an electronic filing alternative (to the existing hard copy notice filing provision) for federal Regulation D/Rule 506 securities offerings that are or will be made in Wisconsin.
Section 6. This amendment provides specific recognition of electronic prospectus delivery modes that comply with federal requirements on the subject.
Section 7. The amendment to s.
DFI-Sec 4.01 (3)
clarifies that if an applicant has received a waiver, he or she need not again take and pass such exams. The amendments to s.
DFI-Sec 4.01 (4) (e)
to
(g)
clarify that the even though the applicant may receive a waiver, it does not relieve the applicant from passing one of the state law exams.
Section 9. Corrects a citation.
Section 10. Is necessary to provide the exemption from registration for investment adviser representatives of noticed filed federal covered investment advisers in order to comply with the provisions of federal law.
Section 11. Because of the change from "licensing" to "registration" for broker-dealer and investment adviser matters, these amendments help differentiate between "licensee" matters and registration of securities matters.
Section 12. Form IAR (WI) is no longer necessary because renewals are handled via IARD, and form IAUSR(WI) will be discontinued as part of the application process.
Comparison with federal regulations
There are no newly-developed or proposed federal regulations addressed by this rule. However, Wisconsin Securities Law and rules are generally coordinated with corresponding federal requirements, pursuant to s.
551.615
, Stats.
Comparison with rules in adjacent states
These rule chapters reflect the 2002 Uniform Securities Act which Iowa and Minnesota have adopted and written rules; Illinois and Michigan have not.
Summary of factual data and analytical methodologies
The division applied its own experience in its regulation of securities generally for the minor clarifications, corrections, revisions and examination matters addressed by the rule.
Small Business Impact
The rule makes minor clarifications, corrections and revisions for conformity with existing statutes; imposes no additional substantive requirements; and reduces the same.
Fiscal Estimate
The rule places no additional duties or burdens on state or local government, and hence has no affect on costs to either.
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3)
, Stats., and the procedures set forth under s.
227.18
, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of the proposed rulemaking order affecting Section
Ins 17.28 (3h)
, Wis. Adm. Code, relating to supervision and direction.
Hearing Information
Date:
September 9, 2009
Time:
10:00 a.m., or as soon thereafter as the
matter may be reached
Place:
OCI, Room 227 (2
nd
Floor)
125 South Webster Street
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Theresa L. Wedekind
OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Theresa L. Wedekind
OCI Rule Comment for Rule Ins 1728
Office of the Commissioner of Insurance
125 South Webster St – 2
nd
Floor
Madison WI 53703-3474
Comments can be emailed to:
Theresa L. Wedekind
The deadline for submitting comments is 4:00 p.m. on the 14
th
day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm
or by contacting Inger Williams, Public Information and Communications, OCI, at:
inger.williams@wisconsin.gov
, (608) 264-8110, 125 South Webster Street – 2
nd
Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Analysis Prepared by the Office of the Commissioner of Insurance
Statutes interpreted
Statutory authority
Explanation of agency authority
The commissioner of insurance may promulgate such rules under ch.
227
as are necessary to enable the performance of responsibilities under chapter 655 Stats.
Related statutes or rules
None
Plain language analysis
This rule clarifies what constitutes direction and supervision of a health care provider's employees defined under s.
655.001 (7t)
, Wis. Stats., as it relates to the health care provider having employee coverage under the fund.
Comparison with federal regulations
To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund administration.
Comparison of rules in adjacent states
To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute.
Summary of factual data and analytical methodologies
The fund's board of governors established a special committee to review issues related to fund coverage. The committee determined that a rule was needed to clarify the meaning of direction and supervision of health care practitioners. The committee recommended to the board the proposed language and the recommendation was approved by the board.
Small Business Impact
This rule does not impose any additional requirements and will have no effect on small businesses.
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The Injured Patients and Families Compensation Fund (IPFCF or Fund) is a segregated fund that provides excess medical malpractice coverage to Wisconsin health care providers. Chapter
655
, Wis. Stats., provides employee coverage to health care providers although specific health care practitioners must practice under the supervision and direction of a physician or CRNA. This rule clarifies supervision and direction and has no fiscal effect.
There is no effect on GPR.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Inger Williams, OCI Services Section, at:
Phone:
(608) 264-8110
Address:
125 South Webster Street, 2
nd
Floor
Madison, WI 53703-3474
Mail:
PO Box 7873
Madison, WI 53707-7873
Notice of Hearing
Transportation
NOTICE IS HEREBY GIVEN that pursuant to ss.
84.015
,
84.41 (7)
and
347.48 (2m) (e)
, Stats., the Department of Transportation will hold a public hearing to consider the amendment of Chapter
Trans 315
, Wis. Adm. Code, relating to safety belt medical use exemption.
Hearing Information
The hearing will be held:
September 8, 2009
Hill Farms State Transportation Bldg.
at 10:00 AM
Room 144-B
4802 Sheboygan Avenue
Madison, WI
An interpreter for the hearing impaired will be available on request for this hearing. Parking for persons with disabilities and an accessible entrance are available.
Submission of Written Comments and Agency Contact
The public record on this proposed rule making will be held open until close of business the day of the hearing to permit the submission of comments in lieu of public hearing testimony or comments supplementing testimony offered at either hearing. Any such comments should be submitted to Laura Andreasson, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Laura by phone at (608) 267-5136 or via e-mail at laura.andreasson@ wisconsin.gov.
Copy of Proposed Rule
A copy of the rule may be obtained upon request from Laura Andreasson, Department of Transportation, Division of State Patrol, Room 551, P. O. Box 7936, Madison, WI 53707-7936. You may also contact Ms. Andreasson by phone at (608) 267-5136.
Analysis Prepared by the Wisconsin Department of Transportation
Statutes interpreted
Statutory authority
Explanation of agency authority
Current law requires every person over 8 years of age to be properly restrained by a safety belt whenever traveling in a motor vehicle. Current law allows the Department to exempt from this safety belt use requirement any person who, because of a physical or medical condition, cannot properly be restrained in a safety belt. Department rules authorize physicians, chiropractors and Christian Science practitioners to grant exemptions from wearing safety belts. Federal law makes highway safety grant moneys available for safety belt use requirements, but federal law recognizes only medical exemptions issued by physicians. Federal grant moneys expire on July 1, 2009, and this state may not qualify for approximately $15,000,000 in federal moneys if persons other than physicians are authorized to exempt persons from safety belt use laws.
Related statute or rule
Plain language analysis
This rule making deletes authority of any person other than physicians to exempt persons from safety belt use requirements. This rule making will result in increased use of safety belts, and increase receipt of federal moneys for highway safety activities.
Comparison with federal regulations
Federal policy states that safety belt use requirements do not apply to, "Persons with medical conditions who are unable to use a safety belt, provided there is written documentation from a physician." The Department's current rules go further by allowing chiropractors and Christian Science practitioners to grant those exemptions.
Comparison with rules in adjacent states
Michigan
Mich. Comp. Laws. Annot. 257.710e(1)(e) exempts a person who possesses a written statement from a physician from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.
Minnesota
Minn. Stats. Annot. §
169.686 (2)
(3)
allows physicians to exempt persons from safety belt use requirements. The Department was unable to identify any administrative rules on this topic.
Illinois
92 IL Admin. Code 1030.84 exempts from safety belt use requirements only to a person "possessing a written statement from a physician that the person is unable, for medical or physical reasons, to wear a seat safety belt."
Iowa
IA Admin. Code 761-600.16(321) authorizes physicians and chiropractors to exempt a person from safety belt use requirements for medical reasons. The Department identified no authority for Christian Science practitioners to exempt persons from safety belt use requirements.
Summary of factual data and analytical methodologies
None. NHTSA legal counsel informed the Department that in order to qualify for funds under
23 USC 406
, any administrative rule that exempts a person from safety belt use requirements must be consistent with the medical exemption permitted in the implementing guidelines for section 406 eligibility. Those guidelines limit the exemption to physicians.
Analysis and supporting documentation used to determine effect on small businesses
This rule making will eliminate one issue of noncompliance specifically identified by NHTSA that makes Wisconsin ineligible for approximately $15,000,000 in federal safety belt use grant moneys.
Small Business Impact
This rule making has no effect on small businesses.
The Department's Regulatory Review Coordinator may be contacted by e-mail at
ralph.sanders@wisconsin.gov
, or by calling (414) 438-4585.
Fiscal Estimate
The Department estimates that there will be no fiscal impact on the liabilities or revenues of any county, city, village, town, school district, vocational, technical and adult education district, sewerage district, or federally-recognized tribes or bands. The Department estimates that there will be no fiscal impact on state or private sector revenues or liabilities.
Text of Proposed Rule
SECTION 1. Trans 315.03 (1) (a) and (c) are amended to read:
Trans 315.03 (1) (a) The person has a written statement signed by a licensed physician
, chiropractor or a Christian Science practitioner residing in this state and listed in the Christian Science Journal
indicating the person cannot be restrained by a safety belt because of a physical or medical condition, or words to that effect.
(c) The statement in par. (a) contains an address and telephone number of the physician
, chiropractor, or Christian Science practitioner
.
